Holding Schools Accountable for On-Campus Hate
By Joshua J. Lax
A discussion of how schools can balance free speech with duties to prevent discrimination and hostile learning environments.
Article summary
Written during Hanukkah and the close of a semester, this article addresses reports of antisemitism and other campus hate. It considers how schools can protect political expression while responding to discriminatory conduct that makes students feel alienated, harassed, or unsafe.
The First Amendment protects political speech. The article argues that schools also have responsibilities to prevent discrimination and hostile learning conditions, and that disagreement alone is different from conduct that creates those conditions.
Title VI applies to schools receiving federal funds and reaches discrimination based on shared ancestry or ethnic characteristics. The article points to the U.S. Department of Education’s November 7, 2023 Dear Colleague letter (opens in a new tab) and its January 2023 fact sheet (opens in a new tab) as resources describing those obligations. It also notes earlier federal guidance, including a May 2023 letter about discrimination against Jewish students; the Department’s current Title VI shared ancestry resource page (opens in a new tab) lists that letter.
The author describes FGDM’s work as lawyers and educators and says he was representing a client in a lawsuit against a university where he had taught. The reported claims included sex discrimination, harassment, assault, and retaliation. The original news coverage of that lawsuit (opens in a new tab) is linked here for context.
The article closes by encouraging students who experience discrimination at a college, university, or school to explore available legal options. Its stated aim is to help institutions maintain accessible ways to address complaints while respecting protected speech and protest.